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HTMLNorthern District Court of California Addresses Residential Treatment for an Eating Disorder in Krysten C. v. Blue Shield of California
Sean P. Nalty; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 27, 2016, previously published on October 25, 2016
Litigation under the Employee Retirement Income Security Act (ERISA) involving the payment of benefits for residential treatment can be challenging—particularly when those claims involve eating disorders. A patient may argue that if treatment is discontinued prematurely, he or she will...

 

HTMLEEOC Issues Updated Strategic Enforcement Plan: What Should Employers Do Now?
Harry J. Secaras; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 27, 2016, previously published on October 24, 2016
On October 17, 2016 the U.S. Equal Employment Opportunity Commission (EEOC) approved a Strategic Enforcement Plan (SEP) for Fiscal Years 2017 - 2021. This recently approved SEP updates the EEOC’s first SEP which spanned Fiscal Years 2013 - 2016. A complete version of the 2017 - 2021 SEP is...

 

HTMLMexican Senate Approves Labor Justice Amendment to the Constitution
Ana Paula Delsol Espada, Oscar Margain Vega, Pietro Straulino-Rodriguez, Rodrigo de la Concha Alvarez; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 27, 2016, previously published on October 25, 2016
Several months ago, President Enrique Peña Nieto proposed to amend the Mexican Constitution in order to modify the labor process. The Senate of the Republic approved the amendment on October 13, 2016. The goal of this amendment is to bring legal certainty to the labor process and create new...

 

HTMLUSCIS Will Begin Accepting Cap-Subject H-1B Petitions for FY2018 in April 2017
Whitney Larson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 27, 2016, previously published on October 25, 2016
U.S. Citizenship and Immigration Services (USCIS) will accept new H-1B petitions subject to the annual quota for fiscal year 2018 (FY2018) starting in April of 2017 (April 1, 2017 falls on a Saturday, so USCIS will accept cap-subject petitions for the year starting on the following business day,...

 

HTMLNew “Smart” I-9 Form Becomes Mandatory on January 22, 2017
Bernhard Mueller; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 27, 2016, previously published on October 24, 2016
United States Citizenship and Immigration Services (USCIS) has announced that starting January 22, 2017, all employers in the United States will be required to use the new version of the Form I-9 exclusively to conduct employment eligibility verification. The latest revisions to the Form I-9 were...

 

HTMLOSHA Proposes to Apply Its Lockout Standard to Expected Startups
Arthur G. Sapper; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 27, 2016, previously published on October 20, 2016
The Occupational Safety and Health Administration’s (OSHA) Lockout Standard (29 C.F.R. 1910.147) applies today only to “unexpected” startups of machinery. For example, the standard does not apply if alarms give employees such clearly audible and timely warning that any startup...

 

HTMLDHS Issues Final Rule: USCIS Filing Fees to Increase Effective December 23, 2016
Leigh N. Ganchan, Rebecca L. Sigmund; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 27, 2016, previously published on October 25, 2016
On October 24, 2016, the Department of Homeland Security (DHS) issued a final rule increasing filing fees associated with a significant number of immigration applications. U.S. Citizenship and Immigration Services (USCIS) must recover its costs through fees and periodically adjust fees to increase...

 

HTMLArizona’s Proposition 206: Much More Than a Minimum Wage Increase
Tibor Nagy; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 27, 2016, previously published on October 24, 2016
On November 8, 2016, Arizona voters will decide on the “Minimum Wage and Paid Time Off Initiative,” known as Proposition 206. The purpose of Prop. 206 is twofold: (1) to increase Arizona’s minimum wage from $8.05 per hour in 2016 to $12.00 per hour by the year 2020 (with a nearly...

 

HTMLIllinois Employees Hit the Sick Leave Trifecta: Important Changes to Take Effect in 2017
Norma Manjarrez, Kelsey J. Schmidt; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 27, 2016, previously published on October 20, 2016
Three recently enacted laws expanding sick leave benefits within the state of Illinois will soon impact employers with operations in Illinois: the Illinois Employee Sick Leave Act (effective in January of 2017); the Chicago Paid Sick Leave Ordinance (effective in July of 2017); and the Cook County...

 

HTMLOSHA Clarifies Limits on Post-Accident Drug Testing and Safety Incentive Programs
Melissa A. Bailey; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 27, 2016, previously published on October 25, 2016
The Occupational Safety and Health Administration (OSHA) recently released a memorandum explaining “in more detail” two provisions added to the recordkeeping regulation: Section 1904.35(b)(1)(i) requiring “employers to have a reasonable procedure for employees to report...

 


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